Summary Judgment- Suffolk County

7/26/2012Caccavale v. Neptune Beach Club
In this action, plaintiff claimed she slipped and fell on a large outdoor deck at our client’s bar. The plaintiff never saw what caused her fall beforehand but noticed that the deck was wet with spilled drinks. Prior to trial, Eric Cooper made a motion for summary judgment to dismiss the action arguing that the bar did not have sufficient prior notice of the spill to create a duty to the plaintiff. Mr. Cooper also argued that the plaintiff’s general observation that there were spilled drinks in various areas on the deck was insufficient to establish notice of the specific spill that caused her fall. The court agreed and dismissed the plaintiff’s complaint.